Response to Office Action

ISOTONIX

Market America, Inc.

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90075316
LAW OFFICE ASSIGNED LAW OFFICE 119
MARK SECTION
MARK mark
LITERAL ELEMENT ISOTONIX
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_2-12813664190-2021040 2103448948264_._NIX__Ser. No._00075316____Remarks_i n_Support_of_Registration.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\900\753\90075316\xml5\ ROA0002.JPG
DESCRIPTION OF EVIDENCE FILE Remarks in Support of Registration
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
CORRESPONDENCE INFORMATION (current)
NAME Arlene D. Hanks
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE adh-ptotmcorrespondence@mvalaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) arlenehanks@mvalaw.com; iplaw@mvalaw.com
DOCKET/REFERENCE NUMBER 047565.001
CORRESPONDENCE INFORMATION (proposed)
NAME Arlene D. Hanks
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE adh-ptotmcorrespondence@mvalaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) arlenehanks@mvalaw.com; iplaw@mvalaw.com
DOCKET/REFERENCE NUMBER 047565.001
SIGNATURE SECTION
DECLARATION SIGNATURE /arlenedhanks/
SIGNATORY'S NAME Arlene D. Hanks
SIGNATORY'S POSITION Attorney of Record, North Carolina Bar Member
SIGNATORY'S PHONE NUMBER 919-286-8078
DATE SIGNED 04/02/2021
SIGNATURE METHOD Signed directly within the form
RESPONSE SIGNATURE /arlenedhanks/
SIGNATORY'S NAME Arlene D. Hanks
SIGNATORY'S POSITION Attorney of Record, North Carolina Bar Member
SIGNATORY'S PHONE NUMBER 919-286-8078
DATE SIGNED 04/02/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Fri Apr 02 10:59:25 ET 2021
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20210402105925061244-9007
5316-770d42edf29ade36dd78
223af6f7910e353e9b26f9639
c7af355c26467425d7b83-N/A
-N/A-20210402103448948264



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90075316 ISOTONIX(Standard Characters, see http://uspto.report/TM/90075316/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Remarks in Support of Registration
Original PDF file:
evi_2-12813664190-2021040 2103448948264_._NIX__Ser. No._00075316____Remarks_i n_Support_of_Registration.pdf
Converted PDF file(s) ( 1 page) Evidence-1

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      Arlene D. Hanks
      PRIMARY EMAIL FOR CORRESPONDENCE: adh-ptotmcorrespondence@mvalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arlenehanks@mvalaw.com; iplaw@mvalaw.com

The docket/reference number is 047565.001.
Correspondence Information (proposed):
      Arlene D. Hanks
      PRIMARY EMAIL FOR CORRESPONDENCE: adh-ptotmcorrespondence@mvalaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arlenehanks@mvalaw.com; iplaw@mvalaw.com

The docket/reference number is 047565.001.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /arlenedhanks/      Date: 04/02/2021
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member
Signatory's Phone Number: 919-286-8078

Signature method: Signed directly within the form

Response Signature
Signature: /arlenedhanks/     Date: 04/02/2021
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member

Signatory's Phone Number: 919-286-8078 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Arlene D. Hanks
   Moore & Van Allen PLLC
   Suite 4700
   100 North Tryon Street
   Charlotte, North Carolina 28202
Mailing Address:    Arlene D. Hanks
   Moore & Van Allen PLLC
   Suite 4700
   100 North Tryon Street
   Charlotte, North Carolina 28202
        
Serial Number: 90075316
Internet Transmission Date: Fri Apr 02 10:59:25 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202104021059250
61244-90075316-770d42edf29ade36dd78223af
6f7910e353e9b26f9639c7af355c26467425d7b8
3-N/A-N/A-20210402103448948264


Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed